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The Committee notes the information contained in the Government’s report including on the requirement, in accordance with Article 13(b) of the Convention, that the Swedish Radiation Safety Authority must be informed of any incidents involving ionizing radiation.
Article 6. Maximum permissible does of ionizing radiation. The Committee notes the Government’s response indicating that the exposure limit values for ionising radiation are defined by the Swedish Radiation Safety Authority (formerly the Swedish Radiation Protection Authority, SSI). The Committee also notes that the Government does not provide any information on the Government’s intention to bring the annual dose limits for radiation workers prescribed in section 5 of the SSI 1998:4 fully in line with the recommendations adopted by the International Commission on Radiological Protection in 1990, to which the Committee referred in its 1992 general observation under the Convention, in order to ensure the effective protection of workers exposed to ionizing radiation in the course of their work. The Committee again reiterates its invitation to the Government to provide information on its intention to lower the annual dose limit for radiation workers.
Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the Government’s statement that the provisions on measures by the employer to adapt the work situation to the individual worker’s capabilities for the work can be found in the Provisions of the Work Environment Authority on Job Adaptation and Rehabilitation (1994:1). The Committee requests the Government to provide detailed information on how these measures are applied in practice with respect to Article 14 of the Convention.
1. Further to its observation, the Committee requests the Government to provide additional information on the following points.
2. Article 6 of the Convention. Maximum permissible doses of ionizing radiation. The Committee notes that the Government does not respond to the Committee’s previous request for information and concerns with respect to the maximum permissible doses of ionizing radiation for work with ionizing radiation. It reiterates its concern that section 5 of Regulations SSI FS 1998:4 prescribes an annual dose limit of 50 mSv, while the 1990 ICRP recommendations recommend an average effective dose limit of 20 mSv per year. The Committee reiterates its invitation to the Government to bring the annual dose limits for radiation workers prescribed in section 5 of the SSI 1998:4 fully in line with the recommendations of the ICRP, in order to ensure the effective protection of workers exposed to ionizing radiation in the course of their work.
3. Article 13. Scope of emergency work. The Committee notes the Government’s statement that notification in accordance with Article 13(b) is required when "something unexpected happens" and that this is to be interpreted that notification is also needed when no doses did affect the employees but could have done so under poorer conditions.
4. Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes that the Government does not respond to the Committee’s previous request for information and concerns with regard to the provision of suitable alternative employment for workers who are, for health reasons, required to discontinue radiation work, or to enable them to maintain their income otherwise through social security measures. The Committee reiterates its previous request to the Government to provide detailed information on which measures have been taken in this respect.
1. The Committee notes the information contained in the Government’s report and the numerous attachments.
2. Article 3. Adoption of rules. The Committee notes with interest that the Government continues to adopt rules to ensure the effective protection of workers against ionizing radiation. It notes, inter alia, that the Working Environment Authority has issued regulations under section 18 of the Working Environment Ordinance (SFS 1977:1166) which include provisions to limit exposure to radon and radon daughters. It notes, in particular, the updated occupational exposure limit values and measures against air contaminants (AFS 2000:3) and the regulations with respect to rock work (AFS 2003:2) and that sections 21 to 23 of the latter regulations state that low radon and radon daughter concentrations shall be aimed for in all workplaces below the ground.
3. Article 15. Labour inspection. The Committee notes with interest the Government’s statement that during the last five years labour inspection of radioactive sources has become more intensified.
Further to its observation, the Committee would draw the Government’s attention to the following points.
1. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. Maximum permissible doses of ionizing radiation. The Committee notes the Regulations SSI FS 1998: 4 on dose limits at work with ionizing radiation, which entered into force on 1 January 2000. It notes section 5 prescribing an annual dose limit of 50 mSv for persons working with ionizing radiation, and a limit on the effective dose equivalent to 100 mSv over five consecutive years. While these dose limits as such do not appear to be inconsistent with the dose limits recommended by the International Commission on Radiological Protection (ICRP) in its 1990 Recommendations, the Committee nevertheless reminds the Government that the ICRP now recommends a limit on the effective dose of 20 mSv per year, averaged over five years (100 mSv in five years), with the further provision that the effective dose should not exceed 50 mSv in any single year (paragraph 11 of the Committee’s 1992 general observation under the Convention in which it referred to the 1990 ICRP Recommendations). In the light of these indications, the Committee invites the Government to bring fully into line the annual dose limits for radiation workers prescribed in section 5 of the SSI 1998: 4 Regulations with the 1990 Recommendations of the ICRP, in order to ensure effective protection of workers exposed to ionizing radiation in the course of their work.
2. Article 13. Scope of emergency work. The Committee takes note of the provisions contained in sections 14 to 18 of the Regulations SSI FS 1998: 4 providing for dose limits in emergency exposure on the grounds of "particular reasons" (section 14). However, there is no provision containing a definition of circumstances that would constitute such "particular reasons", and in which exceptional exposure of workers, exceeding the normally tolerated dose limit, is to be allowed. Therefore, the Committee recalls the indications provided under paragraphs 16 to 27 and 35(c)(iii) of its 1992 general observation under the Convention and to paragraphs V.27 and V.30 of the International Basic Safety Standards, where it is explained that, according to the ICRP, the strict definition of circumstances in which exceptional exposure of workers, exceeding the normally tolerated dose limit, is to be allowed covers only situations of "immediate and urgent remedial work". Hence, in the light of these indications, the Committee invites the Government to insert a provision to the above Regulations, which provides for a definition of circumstances in which exceptional exposure of workers to ionizing radiation may be authorized pursuant to section 14 of the Regulations SSI FS 1998: 4.
3. Article 14. Provision of alternative employment. The Committee notes the Government’s indication that the formal problem of providing alternative employment can no longer arise, since the approach in the Swedish legislation, as far as dose limits for exposure to ionizing radiation is concerned, changed from lifetime dose limits to annual dose limits. The Committee nevertheless would draw the Government’s attention to paragraph 32 of its 1992 general observation under the Convention underlining that the offer of suitable alternative employment opportunities to the workers concerned derives from the provision of Article 3, paragraph 1, of this Convention, according to which effective protection of workers must be ensured. In addition, the Committee refers to the explanations provided under paragraphs 28 to 34 and 35(d) of its 1992 general observation under the Convention, as well as to the principles set out in paragraphs I.18 and V.27 of the International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources. In the light of these indications, the Committee requests the Government to take the necessary measures to provide suitable alternative employment to workers who are, for health reasons, to discontinue radiation work, or to enable them to maintain their income otherwise through social security measures. Finally, the Committee notes with interest section 9 of the Regulations SSI FS 1998: 4 according to which a pregnant woman who has informed her employer about her pregnancy, has the right to be transferred to work that does not imply exposure to ionizing radiation during the remaining time of pregnancy.
The Committee takes note of the Government’s report and the number of regulations issued by the Swedish Radiation Protection Institute in the application of section 19 of the Radiation Protection Act (1988: 220) and the Radiation Protection Ordinance (1988: 293).
1. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. Maximum permissible doses of ionizing radiation for pregnant and breastfeeding women directly engaged in radiation work. With regard to the protection of pregnant women or breastfeeding women engaged in radiation work, the Committee notes with satisfaction sections 9 to 11 of the Regulations SSI FS 1998: 4 on dose limits at work with ionizing radiation which are in compliance with the 1990 ICRP Recommendations and thus giving effect to Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention.
2. Article 8. Dose limits for non-radiation workers. The Committee notes with satisfaction the provision of section 12 of the Regulations SSI FS 1998: 4 applying Article 8 of the Convention.
In addition, the Committee raises other points in a request addressed directly to the Government.
The Committee notes the information supplied by the Government in its latest report. It notes the texts of the regulations that have been issued by the Swedish Radiation Protection Institute and published in the Code of Standards and Regulations of the Swedish Radiation Protection Institute from 1990 to 1994.
1. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. (a) The Committee notes from the information provided in the Government's latest report that a revised regulation SSI FS ("Code of Standards and Regulations of the Swedish Protection Institute" issued by the Swedish Radiation Protection Institute) would come into force in January 1995 which applies to general work involving exposure to ionizing radiation, prescribes a limit on the effective dose equivalent to 100 mSv over five years consecutively and an additional restriction on the lifetime accumulated effective dose of 700 mSv.
(b) The Committee has also taken note of the approach that the Government has taken in respect of women engaged in radiation work. In its earlier direct request, the Committee noted paragraphs 8 and 14 of SSI FS 1989:1 which set forth that if no transfer to work where there is no ionizing radiation is made, the work must be planned in a manner to ensure that the dose equivalent to the foetus throughout the pregnancy does not exceed 5 mSv, and that it is unlikely that the dose equivalent to the foetus exceeds 0.5 mSv within any calendar month after the pregnancy has been ascertained. Referring to the Government's latest report, the Committee notes that paragraph 7 of the same regulation further provides that the working conditions for women of fertile age should ensure that the effective dose equivalent does not exceed 10 mSv for any period of two months. The Government's report indicates that, taken together, these regulations might well be considered to meet the recommendations of the ICRP in this matter. The Committee would draw the attention of the Government to paragraph 176 of the ICRP Recommendation 1990, where the ICRP noted that if a woman is, or may be, pregnant, additional controls have to be considered to protect the unborn child, considering that the conceptus is more prone than the post-natal individual to deterministic injuries caused by radiation and may be more sensitive to induction of later malignancies; and that deterministic effects in live-born child will not occur if the exposure of the mother does not exceed the dose limits now recommended for occupational exposure, regardless of the distribution of exposures in time (i.e. not to exceed 1 mSv per year and 2 mSv for the abdomen for the remainder of the pregnancy). The Committee would also mention that Directive 96/29/EURATOM, adopted in 1996, article 10, sets forth that "the conditions for the woman in the context of her employment shall [...] be such the equivalent dose to the child to be born will be as low as reasonably achievable and that it will be unlikely that this dose will exceed 1 mSv during at least the remainder of the pregnancy". In the light of these findings, the Committee requests the Government to consider an adjustment to its current regulations in this matter.
2. Article 8. The Committee notes that paragraph 16 of the SSI FS 1989:1 provides that the limit of the effective dose equivalent for the public (including non-radiation workers) is not to exceed 1 mSv per year, but may for individual years rise to 5mSv if the average throughout a lifetime is expected to be lower than 1 mSv per year. The Government indicated that in view of the small number of persons potentially affected by the regulation, the National Institute of Radiation Protection intended to await the outcome of the Basic Safety Standards of the IAEA and the EU before deciding on a revision. In view of the adoption, in 1996, of Directive 96/29/EURATOM, which sets the limits of the effective dose equivalent to members of the public at 1 mSv per year averaged over five consecutive years, with separate dose limits for the lens of the eye (15 mSv) and for the skin (50 mSv), the Committee would request the Government to indicate the steps taken or envisaged to adopt the dose limits as recommended in ICRP publication No. 60 and Directive 96/29/EURATOM.
3. Scope of emergency work. The Committee notes the information supplied by the Government relating to dose limits in an emergency situation under Swedish regulation, which is five times lower than that set by the ICRP, and that the Government has not considered it important to give a further strict definition that would cover any situation of "immediate and urgent remedial work". The Committee requests the Government to indicate if current measures ensure that exceptional exposure of workers in emergency situations is strictly limited in scope and duration to what is required to meet an acute danger to life and health; preclude situations wherein workers or other volunteers may be exposed to radiation for the purpose of rescuing items of high material value during emergency situations; and to ensure the necessary investments in robotized or other techniques of intervention aimed at minimizing exceptional exposure of workers.
4. Provision of alternative employment. The Committee notes the information provided by the Government that Swedish labour laws do not recognize the premature accumulation of the lifetime dose limit as a legal reason for dismissal and that it is unlikely that workers in such a situation would not be given alternative employment. The Committee also notes the information that the lifetime dose of 700 mSv remains and that it is most unlikely for workers within nuclear installations to be affected by this regulation. The Committee would, nevertheless, request the Government to indicate the measures or steps, if any, that workers can undertake to obtain suitable alternative employment in the unlikely event that they prematurely accumulate a lifetime dose of 700 mSv.
I. he Committee notes the information provided in the Government's report in reply to its general observation of 1987 and the adoption of the Radiation Protection Act of 19 May 1988 (1988:220) and the Radiation Protection Ordinance (1988:293) and the Regulations of the State Radiation Institute respecting dose limits for work with ionizing radiation of 17 March 1989 (SSI FS 1989:1).
II. The Committee would refer the Government to its general observation of 1992 under this Convention which sets forth the latest recommendations made by the International Commission on Radiological Protection (ICRP) concerning exposure to ionizing radiations (Publication No. 60 of 1990) and requests the Government to provide further information on the following points.
1. Article 3, paragraph 1, and Article 6, paragraph 2
(a) The Committee notes that Regulation 6 of SSI FS 1989:1 sets forth dose limits for persons in work involving exposure to ionizing radiations equivalent to the 1977 recommendations of the ICRP (i.e. 50 mSv per year). Paragraph 11 of the general observation of 1992 under this Convention sets forth the latest recommendations made by the ICRP in 1990 concerning dose limits for occupational exposure to ionizing radiation. The ICRP now recommends a limit on the effective dose of 20 mSv per year, averaged over five years (100 mSv in five years), but not to exceed 50 mSv in any single year. The Government is requested to indicate in its next report the steps taken or envisaged to amend the dose limits for occupational exposure to ionizing radiation in the light of the current knowledge as reflected in the 1990 ICRP Recommendations.
(b) The Committee would refer the Government to paragraph 13 of the general observation concerning dose limits for pregnant women. It notes with interest that Regulations 8 and 14 of 1989:1 grant pregnant women the right to be transferred to work where there is no ionizing radiation for the remainder of their pregnancy. It further notes paragraph 2 of Regulation 8 provides that the work of pregnant women who are not transferred must be planned in a manner to ensure that the dose equivalent to the foetus throughout the pregnancy does not exceed 5 mSv and that it is unlikely that the dose equivalent to the foetus exceeds 0.5 mSv within any calendar month after the pregnancy has been ascertained. In its latest recommendations, the ICRP has concluded that women who may be pregnant should be provided with a standard of protection for any unborn child broadly comparable with that provided for members of the general public (i.e. effective dose not to exceed 1 mSv per year) and that the equivalent dose limit to the surface of the woman's abdomen should not exceed 2 mSv for the remainder of the pregnancy. The Government is requested to indicate the steps taken or envisaged to ensure effective protection of pregnant women who are not transferred to work not involving exposure to ionizing radiations in the light of the current knowledge as reflected in the latest ICRP recommendations.
2. Article 8. The Committee would refer the Government to paragraph 14 which indicates that the dose limits for non-radiation workers should be equivalent to those set for members of the general public (now recommended by the ICRP to be 1 mSv per year averaged over any five consecutive years and 15 mSv for the lens of the eye). The Committee notes that in Appendix 2 of SSI FS 1989:1 it is indicated that, in general (in contrast with persons employed in activities involving exposure to ionizing radiation), the effective dose limit is 1 mSv. It further notes that Regulation 16 provides that the effective dose equivalent for the public should not exceed 1 mSv per year, but that in individual years, may rise to 5 mSv if the average throughout a lifetime is expected to be lower than 1 mSv per year. Furthermore, the dose equivalent set for the lens of the eye in this Regulation corresponds to the 1977 ICRP recommendations (i.e. 50 mSv). The Goverment is requested to indicate whether the dose limits for the general public are indeed also applicable to persons working in enterprises involving exposure to ionizing radiation but not directly engaged in radiation work and to indicate the steps taken or envisaged to ensure that non-radiation workers are not exposed to ionizing radiation in excess of 1 mSv per year averaged over any five consecutive years and to dose equivalents for the lens of the eye in excess of 15 mSv.
III. The Committee would refer the Government to paragraphs 28 to 34 of its general observation concerning the provision of alternative employment. It notes that section 17 of the Radiation Protection Act provides that the performance of certain types of work involving special risks with respect to radiation protection for certain employees may be prohibited for such employees. Under section 18, paragraph 2, a person whose medical examination indicates that he or she runs a special risk of injury if exposed to ionizing radiations may not be employed in work involving such exposure without the permission of the Government or authority empowered by the Government. Furthermore, Regulation 6 of SSI FS 1989:1 sets a dose equivalent limit at 180 mSv for a thirty-year old and 700 mSv for a lifetime. The Government is requested to indicate whether any steps have been taken by means of legislation or in practice to ensure alternative employment opportunities not involving exposure to ionizing radiations for workers having accumulated an effective dose beyond which detriment considered unacceptable is to arise.
IV. The Committee would refer the Government to paragraphs 16 to 27 of its general observation concerning the limitation of occupational exposure during and after an emergency. It notes that Regulation 13 of SSI FS 1989:1 permits exposure, on a voluntary basis, to radiation in excess of twice the annual dose limits in cases of serious emergency. The radiation is, however, to be limited as much as possible, having regard to the purpose of the action. The Government is requested to indicate in its next report the measures taken with respect to the matters raised in paragraph 35(c) of its general observation, in particular as concerns the strict definition of circumstances in which exceptional exposure of workers, exceeding the normally tolerated dose limit, is to be allowed for "immediate and urgent remedial work".